Resolution of disputes between businesses is one of the mainstays of the law firm’s day-to-day litigation practice. When we take on a case, we first become familiar with the specifics of the industry and the business conditions under which our client operates.
The commercial litigation we handle includes disputes over such matters as:
- Claims for payment, including settlements for performance of contractual obligations, contractual penalties, unjust enrichment and setoff, execution proceedings, and asset searches, particularly locating assets transferred by debtors to third parties to the detriment of creditors
- Breach of contract in commercial matters, including sale contracts, contracts of mandate and service contracts, contracts to perform a specific work, construction contracts, leases, tenancy agreements and finance leasing contracts, logistics and shipping contracts, banking and project finance agreements, insurance contracts, shareholders agreements, real estate contracts, and agreements involving capital markets
- Contract performance at every stage, from disputes over capacity to enter into a commercial contract or the form of conclusion of the contract (through offer, tender or negotiations), to contract interpretation, determination of the existence or non-existence of the contract, transfer of contractual rights and obligations to third parties, and obtaining specific performance of contracts by judicial intervention
- Claims for damages—to redress injury (actual loss or lost benefits) suffered at the stage of negotiations and pursuant to the representations and warranties made when entering into the contract, and for breach of contract or tort. We also pursue claims for damages by authorisation of substitute performance at the defendant’s cost together with compensation for losses suffered.
- Exercise of security for contractual obligations, including drawing on bank guarantees or third-party guarantees, taking title to collateral, confessions of judgment via notarial deed, performance bonds, assignment of receivables as security, debt assumption agreements, security deposit and escrow agreements.
Contact:
Monika Hartung, monika.hartung@wardynski.com.pl
Tomasz Wardyński, tomasz.wardynski@wardynski.com.pl
Tel.: +48 22 437 82 00, 537 82 00
Paweł Mazur, pawel.mazur@wardynski.com.pl
Tel.: +48 12 290 86 20